19666 Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Rules and Regulations 

121–200, NADA 129–159, and NADA 

137–484 and all supplements and 

amendments thereto, is withdrawn, 

effective April 30, 2007. 

Following the withdrawal of approval 

of these NADAs, Custom Feed Services 

Corp. is no longer a sponsor of an 

approved application. Therefore, 21 

CFR 510.600(c) is amended to remove 

entries for this firm. As provided in the 

regulatory text of this document, the 

animal drug regulations are amended to 

reflect the withdrawal of approval. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects 

21 CFR Part 510 

Administrative practice and 

procedure, Animal drugs, Labeling, 

Reporting and recordkeeping 

requirements. 

21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR parts 510 and 558 are amended as 

follows: 

PART 510—NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 510 continues to read as follows: 

Authority: 21 U.S.C. 321, 331, 351, 352, 

353, 360b, 371, 379e. 

§ 510.600 [Amended] 

■ 2. In § 510.600, in the table in 

paragraph (c)(1), remove the entry for 

‘‘Custom Feed Services Corp.’’; and in 

the table in paragraph (c)(2) remove the 

entry for ‘‘017473’’. 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 3. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

§ 558.485 [Amended] 

■ 4. In § 558.485, in paragraph (b)(3), 

remove ‘‘017473’’. 

§ 558.625 [Amended] 

■ 5. In § 558.625, remove and reserve 

paragraph (b)(68). 

§ 558.630 [Amended] 

■ 6. In § 558.630, in paragraph (b)(10), 

remove ‘‘017473’’. 

Dated: April 9, 2007. 

Bernadette Dunham, 

Deputy Director, Center for Veterinary 

Medicine. 

[FR Doc. E7–7460 Filed 4–18–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–06–013] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Illinois Waterway, Illinois 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is revising 

the drawbridge operations for the Pekin 

Railroad Drawbridge, Mile 151.2, at 

Pekin, Illinois and the Chessie Railroad 

Drawbridge, Mile 254.1 at Seneca, 

Illinois across the Illinois Waterway. 

The present regulation found in 

§ 117.393(b) is being revised to reflect 

the actual procedures that have always 

been followed. That regulation was 

intended to be temporary, for test 

purposes only, and was inadvertently 

permanently included in the Code of 

Federal Regulations. This rule 

eliminates the ‘‘Specific Requirements’’

for remote operation, and the bridge will 

continue to operate, as required by the 

Coast Guard, under the ‘‘General 

Requirements’’. In addition, the Coast 

Guard is revising the regulation 

governing the operation of the Chessie 

Railroad Drawbridge across the Illinois 

Waterway, Mile 254.1, at Seneca, 

Illinois. The existing regulation requires 

the drawspan to open on signal. This 

revision is necessary to reflect a change 

in operating procedure. 

DATES: This rule is effective on May 21, 

2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in the preamble as 

being available in the docket, are part of 

docket CGD8–06–013 and are available 

for inspection or copying at room 

2.107(f), in the Robert A. Young Federal 

Building, Eighth Coast Guard District, 

1222 Spruce Street, St. Louis, MO 

63103–2832, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. Commander (dwb), Eighth 

Coast Guard District, Bridge Branch 

maintains the public docket for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger K. Wiebusch, Bridge 

Administrator, (314) 269–2378. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On June 26, 2006, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation, Illinois Waterway, IL in the 

Federal Register (71 FR 36295). On 

November 16, 2006, we published a 

Supplemental notice of proposed 

rulemaking (SNPRM) entitled 

Drawbridge Operation Regulation, 

Illinois Waterway, IL in the Federal 

Register (71 FR 66713). We received no 

letters commenting on the proposed 

rules. No public hearing was requested, 

and none was held. 

Background and Purpose 

A test period to remotely operate the 

Pekin Railroad Drawbridge, Mile 151.2, 

across the Illinois Waterway was 

proposed by the bridge owner. After that 

test period, it was determined that 

remote operation was not feasible. The 

bridge owner withdrew the proposal 

and the Coast Guard required the 

continued on-site operation of the 

bridge. The bridge is not remotely 

operated. The bridge owner has always 

maintained an on-site bridge operator 

for the bridge. However, the regulation 

allowing the test period was 

inadvertently published as a permanent 

change, and can be found in 33 CFR 

117.393(b). 

This rulemaking corrects the 

drawbridge operating regulations to 

reflect Coast Guard approved operating 

conditions presently adhered to by the 

bridge owner and waterway users. 

33 CFR 117.5 requires the Chessie 

Railroad Drawbridge, mile 254.1, 

Illinois Waterway at Seneca, Illinois to 

open on signal for the passage of 

vessels. Due to reduced train use, the 

bridge owner removed the bridgetender, 

maintains the drawspan in the fully 

open position and allows train operators 

to close the bridge. This action was 

taken without proper Coast Guard 

notification or approval. The rule 

improves the navigation safety of bridge 

operations by establishing a method of 

operation and communication between 

vessels and bridge closure personnel. 

Discussion of Comments and Changes 

The Coast Guard received no 

comment letters in response to either 

the NPRM or the SNPRM. There were 

no requests for public meetings. No 

changes have been made to this final 

rule. 


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Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Rules and Regulations 19667 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security. 

The Coast Guard expects that these 

changes will have no economic impact 

on commercial traffic operating on the 

Illinois Waterway. 

The regulation changes will not affect 

the present safe operation of the bridges. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule is neutral to all business 

entities since it affects only how the 

vessel operators request bridge 

openings. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. Small businesses may send 

comments on the actions of Federal 

employees who enforce, or otherwise 

determine compliance with, Federal 

regulations to the Small Business and 

Agriculture Regulatory Enforcement 

Ombudsman and the Regional Small 

Business Regulatory Fairness Boards. 

The Ombudsman evaluates these 

actions annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore this 

rule is categorically excluded under 

figure 2–1, paragraph 32(e) of the 

Instruction from further environmental 

documentation. Paragraph 32(e) 

excludes the promulgation of operating 

regulations or procedures for 

drawbridges from the environmental 

documentation requirements of NEPA. 

Since this regulation would alter the 

normal operating conditions of the 

drawbridge, it falls within this 

exclusion. A ‘‘Categorical Exclusion 


cprice-sewell on PROD1PC66 with RULES
19668 Federal Register / Vol. 72, No. 75 / Thursday, April 19, 2007 / Rules and Regulations 

Determination’’ is available in the 

docket for inspection or copying where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 017.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 2. Revise § 117.393(b) to read as 

follows: 

§ 117.393 Illinois Waterway. 

* * * * * 

(b) The draw of the Chessie Railroad 

Bridge, mile 254.1, at Seneca, Illinois, 

operates as follows: 

(1) The draw is normally maintained 

in the fully open position, displaying 

green mid-channel lights to indicate the 

span is fully open. 

(2) When a train approaches the 

bridge and the draw is in the open 

position, the train will stop, train 

operator shall walk out on the bridge 

and scan the river for approaching 

vessels. 

(3) If a vessel is approaching the 

bridge, the draw will remain open. The 

vessel shall contact the train operator on 

VHF–FM channel 16 and the train 

operator shall keep the draw in the fully 

open position until the vessel has 

cleared the bridge. 

(4) If no vessels are observed, the train 

operator initiates a five minute warning 

period on VHF–FM radio channel 16 

before closing the bridge. The train 

operator will broadcast the following 

message: ‘‘The Chessie Railroad Bridge 

at Mile 254.1, Illinois River, will close 

to navigation in five minutes.’’ The 

announcement is repeated every minute 

counting down the time remaining until 

closure. 

(5) At the end of the five minute 

warning period, and if no vessels are 

approaching the bridge, the train 

operator shall sound the siren for 10 

seconds, activate the alternate flashing 

red lights on top of the draw, then lower 

and lock the draw in place. Red lights 

shall continue to flash to indicate the 

draw is closed to navigation. 

(6) After the train has cleared the 

bridge, the draw shall be raised to its 

full height and locked in place, the red 

flashing lights stopped, and the draw 

lights changed from red to green. 

* * * * * 

Dated: April 3, 2007. 

J.R. Whitehead, 

Rear Admiral, U.S. Coast Guard Commander, 

Eighth Coast Guard District. 

[FR Doc. E7–7415 Filed 4–18–07; 8:45 am] 

BILLING CODE 4910–15–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 731 and 752 

[USAID Acquisition Regulation Acquisition 

Circular (AIDAC) 2007–1] 

RIN 0412–AA60 

Various Administrative Changes to the 

USAID Acquisition Regulations 

(AIDAR) 

AGENCY: United States Agency for 

International Development. 

ACTION: Final rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) is 

amending its Agency for International 

Development Acquisition Regulation 

(AIDAR) to: Remove all references to 

Office of Personnel Management’s 

(OPM) obsolete Executive Service (ES–

6) as the contract employee salary 

threshold and replace with revised 

terminology; revise the Medical 

Evacuation (MEDEVAC) Services clause 

and provisions by deleting the 

requirement for contractors to purchase 

MEDEVAC services insurance through a 

USAID centrally awarded contract; 

remove clause 752.7016 FAMILY 

PLANNING AND POPULATION 

ASSISTANCE ACTIVITIES (AUG 1986); 

and update the title of Office of 

Procurement (OP) to Office of 

Acquisition and Assistance (OAA) 

throughout. 

DATES: This rule is effective July 18, 

2007 without further action, unless 

adverse comment is received by May 21, 

2007. If adverse comment is received, 

USAID will publish a timely withdrawal 

of the rule in the Federal Register. 

Submit comments on or before May 21, 

2007. 

ADDRESSES: Submit comments, 

identified by title of the Proposed 

Action, and RIN number by any of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Fax: 202–216–3395. 

Mail: U.S. Agency for International 

Development, Office of Acquisition & 

Assistance, Policy Division, 1300 

Pennsylvania Avenue, NW., Room 7.9–

18, Washington, DC 20523–0001. 

Instructions: All submissions must 

include the title of the proposed action, 

and Regulatory Information Number 

(RIN) for this rulemaking. Please 

include your name, title, organization, 

postal address, telephone number, and 

e-mail address in the text of the 

message. 

FOR FURTHER INFORMATION CONTACT: 

Carol Ketrick, Telephone: 202–712–

1382, e-mail: cketrick@usaid.gov. 

SUPPLEMENTARY INFORMATION: Public 

Participation: Because security 

screening precautions have slowed the 

delivery and dependability of surface 

mail to USAID/Washington, USAID 

recommends sending all comments to 

the Federal eRulemaking Portal or fax 

number listed above (all comments must 

be in writing to be reviewed). All 

comments will be made available for 

public review without change, 

including any personal information 

provided, from 3 workdays after receipt 

to finalization of action at http:// 

www.Regulations.gov. 

A. Background 

The AIDAR reflects agency policy 

regarding the maximum annual rate of 

personnel compensation for contractor 

employees. The threshold beyond 

which contract employees’ salaries 

require contracting officer approval is 

currently stated as being equivalent to 

OPM’s ES–6 level. In 2003, Public Law 

108–136 replaced the SES grade 

structure with a single, open-range 

‘‘payband’’; therefore, the use of the ES–

6 level as the threshold for contracting 

officer approval is no longer possible. 

USAID has established a new threshold, 

the ‘‘USAID Contractor Salary 

Threshold’’ or ‘‘USAID CST,’’ which is 

set forth in the agency’s ADS Chapter 

302 on Direct Contracting. The change 

to the AIDAR deletes all references to 

OPM’s obsolete Executive Service (ES–

6) level or ‘‘ES–6 policy’’ and replaces 

it with this updated terminology. 

Emergency medical evacuation 

services are for individuals involved in 

accidents or suffering a sudden illness 

at a time when adequate medical 

facilities are not available at post. 

USAID implemented AIDAR 752.228–

70 ‘‘Medical Evacuation (MEDEVAC) 

Services (Mar 1993)’’, Appendix D—

General Provision 25 ‘‘Medical 

Evacuation (MEDEVAC) Services (Jul 

1993)’’, and Appendix J—General 

Provision 21 ‘‘Medical Evacuation 

(MEDEVAC) Services (Jul 1993)’’ which 

required contractors use USAID’s 

central contract to purchase MEDEVAC 


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